Patna High CourtCR. MISC./72225/2024bail granted

Upendra Kumar v. The State Of Bihar

2024-10-05Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72225 of 2024 Arising Out of PS. Case No.-153 Year-2024 Thana- Excise P.S. District- Saran ====================================================== 1.

UPENDRA KUMAR S/O PRABHUNATH RAY R/o vill - Sabalpur Hasti Tola, P.S. - Sonpur, Distt. - saran 2.

DABLU KUMAR S/O BASHWAN RAY R/o vill - Sabalpur Hasti Tola, P.S. - Sonpur, Distt. - saran ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ganesh Prasad Singh, Adv.

For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-10-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Sonepur Excise P.S. Case No. 153 of 2024 dated 24.08.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 8 litres of illicit country made liquor kept in a sack was recovered from the motorcycle.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been

Patna High Court CR. MISC. No.72225 of 2024(2) dt.05-10-2024 2/2 implicated in this case. The name of the petitioners was transpired in this case merely on suspicion. The recovery has been made from the said motorcycle which belonged to the petitioner no.1, Upendra Kumar. Nothing has been recovered from the conscious possession of the petitioners. It is further submitted that the petitioners have no concern with the alleged recovery. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 25.08.2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra in connection with Sonepur Excise P.S. Case No. 153 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T